Archive | May, 2018

The Monson Law Firm successfully excluded a public adjuster from serving as an appraiser. In the case of “Americas Insurance Company v. Vance”, the insured presented an estimate from a public adjuster that clearly established a dispute as to the amount of the loss. Based on this, both Americas and the insured agreed to go to appraisal. On behalf of Americas, The Monson Law Firm objected to the original public adjuster acting as the insured’s appraiser based on La. R.S. 22:1706(H)(10), which specifically prohibits this behavior. The insured argued that their public adjuster was merely an expert witness and not subject to the statute. After oral argument from Lauren Baudot, in the first decision in Louisiana of its kind, the court agreed with Americas, disqualifying the public adjuster and ordering the insured to choose a new appraiser. For a copy of the decision, please click here.

Attorney Lauren Baudot recently won a summary judgment motion on behalf of Americas Insurance Company (“Americas”) in the Civil District Court for the Parish of Orleans. In the matter entitled “Americas Insurance Company vs. Living Nola Investments, LLC,” defendant made claim for damages after its home was damaged by a fire allegedly caused by the tenant of Americas’ insured. In granting Americas’ Motion for Summary Judgment, the Court determined that there was no coverage under the Americas policy for damages to third parties caused by a tenant of the insured. As a result, the Court granted Americas’s summary judgment motion and dismissed defendant’s claims. Please click here for a copy of the Judgment!

Attorney Blake Lusk recently won a summary judgment motion on behalf of Lighthouse Property Insurance Corporation (“Lighthouse”) in the Civil District Court for the Parish of Orleans. In the matter entitled “Alfred Scott and Shann Butler Scott vs. Lighthouse Property Insurance Corporation,” plaintiffs made claim for bad faith damages following residential damage caused by a vehicle. Lighthouse and plaintiffs agreed to the appraisal process, resulting in a confirmed appraisal award and additional payments to plaintiffsof less than $14,000.00. In granting Lighthouse’s Motion for Summary Judgment, the Court determined that plaintiffs failed to establish that they could satisfy their burden of proof at trial. As a result, the Court granted Lighthouse’s summary judgment motion and dismissed plaintiffs’ claims for bad faith penalties pursuant to La. R.S. 22:1892 and La. R.S. 22:1973. Please click here for a copy of the Judgment.

The Monson Law Firm has successfully used the appraisal process to efficiently handle first-party claims at lower litigation costs than the traditional “take everybody’s deposition” method, while at the same time greatly reducing the insurer’s bad faith exposure. If you think that you too can benefit from this approach, call The Monson Law Firm today!#NoBadFaith #Insurance #Winning

LaHatte Law Firm, LLC and attorney Joey LaHatte were recently sued by their clients, Christopher Butler and Melanie Butler, for legal malpractice in the 24th Judicial District Court for the Parish of Jefferson, Case. No. 782-185. After a March 2015 fire, LaHatte made claim upon the Butlers’ insurer, Centauri Specialty Insurance Company, for additional living expenses (“ALE”). The Butlers allege that LaHatte falsely represented to Centauri that the Butlers leased a property for three months, when in fact they had moved in with Mr. Butler’s parents. The Butlers allege that LaHatte was working with a housing vendor, Relocating Solutions, LLC. Relocating Solutions’ member is Maria Odeh, wife of public adjuster Nader “Anthony” Odeh. The Butlers allege that LaHatte never informed them that a three month lease was available. Because of this, LaHatte was ordered by the court to sit for a deposition at which the Butlers allege LaHatte was “unprepared, uninformed, and uncooperative.” The Butlers seek damages for LaHatte “intentionally making material misrepresentations to Petitioners’ insurer, Centauri, regarding the use of ALE paid on Petitioners behalf”, among other allegations.

Previously, The Monson Law Firm, successfully obtained the dismissal of its client, CRDN, from the underlying suit. Please click here to see a copy of the dismissal.

Please click here to see a copy of the malpractice suit against LaHatte.

The Monson Law Firm attended the PIA of Acadiana’s Annual Crawfish Boil at Warehouse 535 in Lafayette. This is the largest yearly insurance event in Louisiana. We enjoyed networking with our industry friends while eating tasty mudbugs! Pictured are Matthew Monson, Esq. and Darryn Melerine with MD Claims Group.

Attorney Blake Lusk recently won a Motion for Summary Judgment in the case of Alfred Scott and Shann Butler Scott versus Lighthouse Property Insurance Corporation in Civil District Court for the Parish of Orleans. Plaintiff made claims for bodily injury, mental anguish and loss of consortium as a result of an alleged late payment of property damage funds. In our Motion, The Monson Law Firm successfully argued that there is no coverage under the Lighthouse policy for plaintiffs’ injury claims as plaintiffs were insureds. The Honorable Melvin Zeno agreed, granting the Motion and dismissing plaintiffs’ injury claims with prejudice. Please click here for a copy of the judgment.